| Q: What is the difference between ?DWI'
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| | even if the vehicle was not moving?
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| and ?DUI'?
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| | ----------------------------------------
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| ----------------------------------------
| |
| | ---------------------------------------
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| ---------------------------------------
| |
| | A: It depends on the state you are in. In
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| A: ?DWI' stands for "driving while
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| | some states, the law says that a person
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| impaired" while ?DUI' represents "driving
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| | is guilty of drunk driving only when
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| under the influence." There is also a
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| | actually operating the vehicle. In other
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| third, common term "OWI" or "operating
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| | states, having the key in the ignition
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| while impaired." All three terms
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| | will satisfy that the intent if there was
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| represent operating a motor vehicle after
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| | the ability to operate the vehicle.
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| consuming enough alcohol to register a
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| | ----------------------------------------
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| specific blood-alcohol level. Most states
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| | ---------------------------------------
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| set the level at .1, although some states
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| | Q: What is the "open container" law?
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| have or are considering lowering the
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| | ----------------------------------------
|
| level to .08.
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| | ---------------------------------------
|
| ----------------------------------------
| |
| | A: Open container laws prohibit the
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| ---------------------------------------
| |
| | possession of any open alcoholic beverage
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| Q: Do I have to take a breath test or can
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| | container and the consumption of any
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| I insist on another test?
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| | alcoholic beverage in the passenger area
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| ----------------------------------------
| |
| | of a motor vehicle.
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| ---------------------------------------
| |
| | ----------------------------------------
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| A: All of the portable devices used by
| |
| | ---------------------------------------
|
| police have to be approved by the
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| | Q: What are the penalties for a DUI
|
| National Highway Traffic Safety
| |
| | conviction?
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| Administration and should be problem-free
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| | ----------------------------------------
|
| if maintained and used correctly.
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| | ---------------------------------------
|
| Whether you have the option to choose the
| |
| | A: The penalties for a DUI conviction
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| test you take depends on the state you
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| | will vary from state to state and depend,
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| are in when stopped. Refusing to take a
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| | in a large part, on whether this is a
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| blood-alcohol test can have serious
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| | first, second, third or subsequent
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| consequences, including suspension of
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| | conviction.
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| your license and being prosecuted for
| |
| | All states impose penalties that include
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| drunk driving.
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| | some or all of the following:
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| ----------------------------------------
| |
| | Fines, increasing with subsequent
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| ---------------------------------------
| |
| | offenses
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| Q: Do I have to submit to a field
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| | Screening for substance abuse
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| sobriety test?
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| | Community service
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| ----------------------------------------
| |
| | Suspension of driver's license,
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| ---------------------------------------
| |
| | increasing with each offense
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| A: Field sobriety tests are used by an
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| | Point charges against the defendant's
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| officer to help determine if, in his or
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| | license up through revocation of the
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| her opinion, you are under the influence
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| | license for a predetermined period of
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| of alcohol and should be arrested for
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| | time
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| drunk driving. The officer may place you
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| | Felony conviction with jail or prison
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| through a series of balance (walking an
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| | time for a third or subsequent conviction
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| imaginary line or leaning back with eyes
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| |
|
| closed), coordination (counting on the
| |
| | ----------------------------------------
|
| fingers or touching a finger to your nose
| |
| | ---------------------------------------
|
| while your eyes are closed), or mental
| |
| | Q: If my driver's license is suspended,
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| (reciting the alphabet or counting
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| | how can I get it back?
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| backwards) tests. The tests are often
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| | ----------------------------------------
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| viewed as additional evidence which the
| |
| | ---------------------------------------
|
| suspect inevitably "fails". Whether you
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| | A: "Occupational licenses" are available
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| must comply will depend on the state you
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| | under many different circumstances. The
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| are in when stopped and requested to take
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| | judge must find that an "essential need"
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| the test.
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| | exists, such as school or job commuting.
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| ----------------------------------------
| |
| | The license is restricted as to routes,
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| ---------------------------------------
| |
| | areas and times.
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| Q: Can I be stopped and arrested for DWI
| |
| |
|
